[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Proposed Rules]
[Pages 84759-84761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26649]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / 
Proposed Rules

[[Page 84759]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2233; Project Identifier MCAI-2023-00755-E]
RIN 2120-AA64


Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG 
Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Rolls-Royce Deutschland Ltd & Co KG (RRD) Model Trent 1000-AE3, 
Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent 1000-H3, Trent 
1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3, Trent 1000-N3, 
Trent 1000-P3, Trent 1000-Q3, and Trent 1000-R3 engines. This proposed 
AD was prompted by reports of wear in the combining spill-valve (CSV) 
assembly of certain hydro-mechanical units (HMUs). This proposed AD 
would require removing certain HMUs from service and replacing with a 
serviceable part or modifying the HMU by replacing the CSV assembly, 
which is an optional terminating action; and would prohibit installing 
certain HMUs unless the HMU is a serviceable part, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by January 22, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2233; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For service information identified in this NPRM, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 
8999 000; email: <a href="/cdn-cgi/l/email-protection#5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b"><span class="__cf_email__" data-cfemail="3372774073565240521d5646415c43521d5646">[email protected]</span></a>. You may find this material on the 
EASA website at ad.easa.europa.eu.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, 
FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-
7241; email: <a href="/cdn-cgi/l/email-protection#2d5e58434a40420349034e45426d4b4c4c034a425b"><span class="__cf_email__" data-cfemail="4132342f262c2e6f256f22292e012720206f262e37">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-2233; Project Identifier 
MCAI-2023-00755-E'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des 
Moines, WA 98198. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0119, dated June 12, 2023 (EASA 
AD 2023-0119) (also referred to as the MCAI), to correct an unsafe 
condition for all RRD Model Trent 1000-AE3, Trent 1000-CE3, Trent 1000-
D3, Trent 1000-G3, Trent 1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 
1000-L3, Trent 1000-M3, Trent 1000-N3, Trent 1000-P3, Trent 1000-Q3, 
and Trent 1000-R3 engines. The MCAI states that occurrences have been 
reported of finding wear in the CSV assembly of the HMU. This wear can 
reduce the fuel flow output when the engine is operated at high-power 
conditions. To address this unsafe condition, the manufacturer 
published service information that specifies procedures to remove 
certain HMUs from service and replace with a serviceable part or modify 
the HMU by replacing the CSV assembly. The MCAI

[[Page 84760]]

also specifies an implementation schedule of engine flight-hour limits 
for replacement of each affected part with a serviceable part and 
prohibits installation or reinstallation of affected HMUs that have 
exceeded the allowable engine flight-hour limit unless the HMU is a 
serviceable part.
    The FAA is proposing this AD to prevent thrust reduction, which if 
not addressed, could result in reduced control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-2233.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2023-0119, which specifies procedures for 
removing certain part-numbered HMUs from service and replacing with a 
serviceable part or modifying the HMU by replacing the CSV assembly. 
The EASA AD also specifies prohibiting installation or reinstallation 
of an affected HMU on any engine unless the HMU is a serviceable part.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the MCAI, except for any differences identified as exceptions in the 
regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has since 
coordinated with other manufacturers and CAAs to use this process. As a 
result, the FAA proposes to incorporate by reference EASA AD 2023-0119 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with EASA AD 2023-0119 in its entirety through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this proposed AD. Using common terms that are 
the same as the heading of a particular section in the EASA AD does not 
mean that operators need comply only with that section. For example, 
where the AD requirement refers to ``all required actions within the 
compliance times,'' compliance with this AD requirement is not limited 
to the section titled ``Required Action(s) and Compliance Time(s)'' in 
EASA AD 2023-0119. Service information required by the EASA AD for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-2233 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 14 engines installed on airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace the HMU.......................  7 work-hours x $85 per         *$560,000        $560,595      $7,848,330
                                         hour = $595.
----------------------------------------------------------------------------------------------------------------

    Operators may modify the HMU to comply with this proposed AD. For 
modification of the HMU, the FAA estimates the following costs:

----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modify the HMU................................  7 work-hours x $85 per hour =           $168,000        $168,595
                                                 $595.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 84761]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Rolls-Royce Deutschland Ltd & Co KG: Docket No. FAA-2023-2233; 
Project Identifier MCAI-2023-00755-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rolls-Royce Deutschland Ltd & Co KG Model 
Trent 1000-AE3, Trent 1000-CE3, Trent 1000-D3, Trent 1000-G3, Trent 
1000-H3, Trent 1000-J3, Trent 1000-K3, Trent 1000-L3, Trent 1000-M3, 
Trent 1000-N3, Trent 1000-P3, Trent 1000-Q3, and Trent 1000-R3 
engines.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7300, Engine Fuel 
and Control.

(e) Unsafe Condition

    This AD was prompted by reports of wear in the combining spill-
valve assembly of certain hydro-mechanical units. The FAA is issuing 
this AD to prevent thrust reduction. The unsafe condition, if not 
addressed, could result in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraph (h) of this AD: Perform all 
required actions within the compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2023-0119, dated June 12, 2023 (EASA AD 2023-0119).

(h) Exceptions to EASA AD 2023-0119

    (1) Where EASA AD 2023-0119 requires compliance from its 
effective date, this AD requires using the effective date of this 
AD.
    (2) Where Table 1 of EASA AD 2023-0119 specifies ``26 June 
2023;'' replace that text with ``As of the effective date of this 
AD.''
    (3) Where Table 1 of EASA AD 2023-0119 specifies ``01 October 
2024;'' replace that text with ``Within 4 months after the effective 
date of this AD or October 1, 2024, whichever occurs later.''
    (4) Where the service information referenced in EASA AD 2023-
0019 specifies to discard certain parts, this AD requires those 
parts to be removed from service.
    (5) This AD does not adopt the Remarks paragraph of EASA AD 
2023-0119.

(i) Definitions

    For the purposes of this AD, the ``implementation date'' is 
defined as the date the applicable engine flight hours (EFH) limit 
takes effect.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, AIR-520 Continued Operational Safety Branch, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the manager of the AIR-520 Continued 
Operational Safety Branch, send it to the attention of the person 
identified in paragraph (k) of this AD and email to: <a href="/cdn-cgi/l/email-protection#e6a7a8a3cba7a2cba7aba9a5a6808787c8818990"><span class="__cf_email__" data-cfemail="0849464d25494c254945474b486e6969266f677e">[email protected]</span></a>.
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(k) Additional Information

    For more information about this AD, contact Sungmo Cho, Aviation 
Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; 
phone: (781) 238-7241; email: <a href="/cdn-cgi/l/email-protection#e291978c858f8dcc86cc818a8da2848383cc858d94"><span class="__cf_email__" data-cfemail="37444259505a58195319545f587751565619505841">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2023-0119, 
dated June 12, 2023.
    (ii) [Reserved]
    (3) For the EASA AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; phone: +49 221 8999 000; email: 
<a href="/cdn-cgi/l/email-protection#e1a0a592a184809280cf8494938e9180cf8494"><span class="__cf_email__" data-cfemail="77363304371216041659120205180716591202">[email protected]</span></a>. You may find EASA AD 2023-0119 on the EASA 
website at ad.easa.europa.eu.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 1200 
District Avenue, Burlington, MA 01803. For information on the 
availability of this material at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#284e5a0641465b584d4b5c4147466846495a49064f475e"><span class="__cf_email__" data-cfemail="5e382c7037302d2e3b3d2a3731301e303f2c3f70393128">[email protected]</span></a>.

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-26649 Filed 12-5-23; 8:45 am]
BILLING CODE 4910-13-P


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